U.K.Varma, J. - (1.) THE First Additional Sessions Judge, Meerut in the Sessions Trial No. 302 of 1978 had convicted Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Ram Vir Bhanwar Singh and Harendra under sections 302/307 read with section 149 IPC. He further had convicted Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh under section 148 IPC and Ziley, Ram Kishan and Ram Vir under section 147 IPC. AH the appellants under section 302 read with section 149 IPC had been sentenced to rigorous imprisonment for life and under section 307 read with section 149 IPC, to seven years rigorous imprisonment. THE accused Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh each had been awarded a sentence of two years under section 148 IPC and Ziley, Ram Kishan and Ram Vir each had been awarded a sentence of one year under section 147 IPC. THE accused Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Bhanwar Singh and Harenda aggrieved by the Judgment and order of the Additional Sessions Judge filed the criminal appeal No. 1763 of 1979 and Ram Vir aggrieved thereby filed the criminal appeal no. 2007 of 1979. Both these appeals had been heard together.
(2.) THE uncontroverted facts are that the report Ext. Ka-1 had been lodged in the Police Station Binauli at 9.15 A.M. on 3-5-78 and thereupon the check report Ext. Ka-4 was prepared and by the G. D. entry Ext. Ka-5, this case had been registered against the appellants under sections 302/307/ 324/323 read with section 149 and under sections 148 and 147 of the Indian Penal Code. It has also not been assailed that before the above report had been lodged Virendra s/o Kabool had died on account of the injuries inflicted and Daya Nand, another son of Kabool too was in a,'critical condition for having been severely battered and the informant Kabool had also reached the Police Station with several wounds on his person. THE post mortem examinations of Virendra had been done at 3.30 P.M. on 4-5-78 by Dr. R. D. Sharma PW 7 and his report Ext. Ka-6 shows Virendra to have sustained the following ante mortem wounds 1. Lacerated wound, 6 cm x 2 cm x bone deep on right side head, 8 em above the right ear. 2. Traumatic Swelling, 6 cm x 3 cm on left side head just above the left ear. 3.Three incised wounds in an area of 7 cm x 5 cm on the outer aspect of right upper arm lower part, each measuring between (1.5 and 2) x 1 cm x bone deep. 4. Multiple abrasions in an area of 18 cm x 6 cm on the back of right forearm middle half. 5. Lacerated wound 3 cm x 1.5 cm x bone deep on the dorsum of right hand middle part with fracture of metacarpal bone underneath. 6. Incised wound, 2 cm x 1 cm muscle deep on the outer aspect of right leg middle. 7. Incised wound 1 cm x 1 cm x bone deep on the front of right leg middle part. 8. Incised wound, 2,5 cm x 1 cm x bone deep on the front of left leg middle part. 9. Multiple contusions in an area of 15 cm x 10 cm on the right buttock. 10. Abrasion 3 cm x 2 cm on the right front of chest upper part. 11. Incised wound 1.5 cm x 0.5 cm x muscle deep on the palmer aspect of right finger middle phalynx. 12. Incised wound 1 cm x 0.5 cm x muscle deep on the outer part of the right hand. Dr. Sharma opined that the death of Virendra had been caused as a result of shock and haemorrhage on account of the above injuries His statement In this regard that the injuries were sufficient to cause his death had not been challenged. THE injuries further were very much more in number than Just twelve. The medical examination of Daya Nand had been done by Dr V. Sinha PW 3 at the Primary Health Centre, Binauli at 945 A.M. on 3-5-78. He in his report Ex. Ka-2 found him to have sustained the following Injuries 1. Swelling size 14 x 12 cm on the dorsum of right hand all over. 2. Abrasions four size 2 om x 1.2 cm x 1/6 cm, 2 x 1/6 cm and 1 x 1/6 on the dorsum of right hand below carpo phalageal joints in the area of 5 cm direction oblique. 3. Lacerated wound 2 1/2 x skin deep, 1 1/2 om below the right index finger direction transverse oblique. 4.Lacerated wound 2 1/2 x 1 1/4 cm x skin deep, orescent shaped on the lateral side of forearm, 17 cm below the elbow joint (righ side). 5. Swelling 15 x 12 cm below the right elbow joint, on the lateral anteriopostior sides Advised X-ray for suspected fracture on underlying bone. 6. Lacerated wound 2 1/2 x 1 x skin deep on the posterior side of right arm 5 cm above the elbow joint. 7. Pentrating wound size 2x1/2x3 cms, 4 cms above injury no. 6 margins inverted triradially cut margin. 8. Swelling 10 x 7 cm on the dorsum of the left hand. 9. Abrasions two at distance of 1 cm with each other size ring finger on the dorsum. Direction vertical. 10. Abrasions two 1/2 x 1/2 and 1 x 1.2 cm apart to each other 3 and 5 cm above the injury no. 9, soft scab. 11. Abrasion 2 x 1/2 cm 10 cm below the left knee joint, 2 cm medial to tibia bone soft scab. 12. Penetrating wound size 11/2x1 x 2 1/2, 7 cms posterior to the root of left great toe on the anterlo-medio aspect dorsum of foot, mragins are everted and cut triradially. 13. Lacerated wound 1 x 1/4 cm x skin deep at the root of left great toe on the dorsal surface direction transverse. 14. Lacerated wound 3 1/2x1 1/2 cm x muscle deep, on the anterior aspect of right leg, 7 cms above the right ankle joint, direction vertical oblique. 15. Swelling 25 cm x 35 cm circumference in the middle, spindle shaped, around the right leg, advised X-ray for suspected fracture or under- lying bone. 16. Contusion 7x3 cms on the right leg, on the anterio lateral aspect 7 cms below the right joint colour red. Direction oblique transverse. Dr. Sinha opined all the injuries to be simple excepting 5 and 15 for which he advised X-ray. The injuries nos. 1, 3, 4, 5, 6, 8, 13, 14, 15 and 16 he presumed had been caused by blunt object, injuries nos 2, 9, 10, 11 by rubbing and injuries nos. 7 and 12 by pointed and sharp edged weapon. The duration had been found fresh. The number of injuries sustained by Dayanand were obviously far more than just sixteen. Dr. Sinha in his statement had given out that as Daya Nand was in a bad condition, he was immediately sent to P. L Sharma Hospital at Meerut where better medical facilities were available. He with regard to the limitations of his own Btnauli Primary Health Centre pointed that there was no X-ray plant and indoor treatment facility.
(3.) DAYA Nand succumbed to his injuries at 6 33 P.M. on 6-5-78. His post mortem report is Ext Ka-22 The injuries noted in the post mortem report of Dr. Om Prakash Sharma CW 1 tally with those of the medical report Ext. Ka-2. The post mortem report in addition gives out that there were the fractures of (i) Rt. ulna near wrist (ii) Rt. Index finger (iii) Right fibula (iv) Right foot middle underneath index tissue and (v) 1st Meta tissue under the left dorsum. Dr. Om Prakash Sharma CW 1 in the post mortem report had recorded that "huge blooding was present under the skin of the whole leg." He was of the view that the death of Daya Nand had been caused as a result of shock and haemorrhage on account of the injuries in his right leg. The medical examination of Kabool-informant PW 1 had also been done by Dr. V. Sinha PW 3 soon after the medical examination of Daya Nand at 10.45 A.M. on 3-5-78. The report of Dr. V. Sinha Ext. Ka-3 shows him to have sustained the following injuries : 1. Contusion, 11 cm x 2 cm on the posterior side of left arm, transversely oblique, 19 cm above the left elbow joint (colour red). 2. Contusion 12 x 13 cm on the lateral side of left forearm and arm directed vertical oblique, colour red. 3. Contusion 4 x 2 cm on the dorsum of left forearm over ulna bone, 11 cms above the left wrist joint. 4. Swelling 11 cm x 7 cm on the dorsum of left hand. 5. Abrasion, size 1 x 1/2 cm, 4 cm below the left middle finger, soft scab. 6. Contusion, 11 x 3 cm over the left scapula bone direction transverse oblique, colour red, 7.Contusion 19 x 5 cm on the left lateral side of the abdomen, 12 cms above the atn. sup. Illiac spine, direction vertical oblique colour red. 8. Contusion, 17 x 3 cm on the back crossing the mid line, direction transverse oblique, 12 cms above the hip bone, colour red. 9. Contusion, size 6 x 4 cms over the right shoulder anterio posterior oblique, colour red. 10. Contusion, size 5 cm x 2 cm 10 cm below the right shoulder on the arm on the lateral side oblique, colour red. 11. Incised wound, 2 cm x 1/2 x skin deep, 7 cms below the left knee joint direction vertical in the middle line. 12. Lacerated wound 4 cm x 1 cm skin deep, 10 cm below the right knee joint. Vertical oblique on the anterior aspect. ;